WAIVER AND RELEASE OF LIABILITY

The purpose of this release and waiver (the “Waiver” or the “Agreement”) is to transparently disclose the inherent risks of Pilates and to release RTR Pilates from liability arising from your participation. Participation in our classes is contingent upon your review, acceptance, and signature of this Waiver.

Your signature acknowledges that you have carefully read and understand the terms of this waiver. By signing, you agree that you are waiving certain legal rights and agree to be bound by all terms of this Waiver.

I agree that Potomac Pilates, Inc., doing business as Potomac Pilates and Rock the Reformer, and all affiliates and related entities (collectively, “RTR Pilates”) is in no way responsible for the safekeeping of my personal belongings while I attend class. I understand that classes at RTR Pilates may be physically strenuous and I voluntarily participate in them with full knowledge that there is risk of property loss or damage, personal injury, or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against Potomac Pilates or its members for any property loss or damage, personal injury, or wrongful death, whether caused by negligence or otherwise. Under no such circumstance am I authorized to utilize the equipment of RTR Pilates without direct supervision of an RTR Instructor or staff member. Should I elect to use the equipment, I release RTR Pilates, Potomac Pilates Inc, all RTR affiliates and any employee or instructor of RTR Pilates from liability.

Welcome to Our Community!

The following Agreement will clearly communicate our expectations of having you as part of our community.In exchange for access to RTR Pilates’ classes and the RTR studios, you agree to be bound by the following conditions.

This Agreement is made between Potomac Pilates, Inc., a Corporation operating out of the State of Maryland (“RTR Pilates,” “we,” “our,” and “us”) and you, the undersigned (electronically) or person who has clicked “I Agree” (or something similar) to this Agreement (“you” and “your”).

Services. We promise to provide you with access to our studio and the use of our facilities, as well as access to our regularly scheduled classes (either online or in-person) at RTR Pilates, according to the terms of this Agreement.

Independence & Participation Policy
RTR Pilates classes are designed for individuals who can safely and independently complete all movements and transitions without hands-on assistance, physical support, or external aid. We will make any reasonable accommodations and require that you notify your instructor of any modifications needed. For safety and liability reasons, only the registered participant may be present in the studio during class — guests, observers, or additional individuals (including children) are not permitted.

Term. This Agreement will be binding upon your payment (for a drop-in, Class Pack, Intro Offer, or Membership)and will last for the time, as specified online, or as agreed upon between us (the “Term”).

Code of Conduct. You agree to be mindful and respectful during the classes and duration of your selected commitment. This includes respecting other members of RTR Pilates in their fitness journey and taking care when using the facilities and studio space. You also agree to comply with our studio protocol, policies and guidelines, as updated from time to time on our website or posted on-site.

Studio Environment & Odor Policy
To maintain a clean, comfortable, and professional environment for all clients and staff, RTR Pilates requires that all participants be free from strong or distracting odors. This includes, but is not limited to, the smell of smoke, marijuana, alcohol, body odor, or heavily scented products such as perfumes, lotions, or essential oils. Individuals who arrive with noticeable odors that may disrupt the experience of others may be asked to reschedule their session.

Damage to Equipment. You understand that you will be fully responsible for any damage that you cause to any equipment we use at our facility, whether or not such damage happens on purpose or by accident.

Payment. You agree to pay the price, including the recurring payments if they apply to a Membership. All Payments, prices and costs are in $ USD. The Payment price outlined is subject to taxes and additional fees. Any subsequent changes to the Payment price will not affect the validity of this Agreement. Payment is due upon completed purchase and must be made in full prior to the start of your Membership or participation.

Fluctuation of Payments. We reserve the right to change our prices & policies and that in your acceptance of these new prices/policies and continued use of your membership or the RTR facilities and classes, you continue to be bound to all the terms of this Agreement. We will always provide at least 30 days notice before raising any prices, and we will communicate with you to ensure you are aware of any changes.

Recurring Payments. If your Payment includes Recurring Payments, you authorize RTR Pilates to maintain your account information and charge that account automatically upon the renewal of the Membership or as otherwise specified, with no further action required by you.
RTR Pilates will charge your method of payment as outlined for the Recurring Payment.

Payment Failure. In the event that your Payment fails, your Membership access will be temporarily suspended until we receive your Payment. In the event of three failed payments, you understand that RTR Pilates may contract a collection agency to collect the money from you.

Class Cancellation. Our class cancellation policy is as follows:

Under Class Cancellation. Non-members must cancel at least 12 hours prior to class and members must cancel at least 8 hours prior to class to avoid penalties. Cancellations within these windows are considered late and will result in the loss of a class credit. No-shows will incur a no-show fee in addition to the loss of the class credit—no exceptions.

For drop-ins and class packages, a missed class deducts one credit. For memberships, a missed class deducts from your monthly allotment. Unused classes do not roll over month to month. Clients are responsible for managing all bookings and waitlists; late-cancel and no-show penalties apply to double bookings.

All cancellations must be completed by the client through the RTR Pilates app or online account. Cancellations are not accepted by email, phone, or through instructors. All applicable fees will be charged to the card on file. RTR Pilates does not offer refunds without written documentation of a valid medical excuse.

Refunds. Our refund policy is as follows: All sales are final. Memberships are non-refundable and non-transferable.

Legal Fees. You will be responsible for any and all legal fees incurred by RTR Pilates regarding any potential chargeback issues (for example, if you want to issue a chargeback or contest a payment).

No Guarantees. RTR Pilates cannot guarantee any particular success from participating in our classes or from our Membership. We promise to provide you with the opportunity, classes and support to achieve your goals, but any success and results ultimately depend on your commitment.
RTR Pilates also cannot guarantee that all of your actions during your Membership will be supervised. This Agreement to receive a Membership and related services does not include any express or implied guarantee of supervision.

Studio Closure & Substitute Services. In the event that the studio or its facilities are temporarily closed due to COVID-19, natural disasters, government orders, or other circumstances beyond our control, or if we need to temporarily offer substitute services such as online or asynchronous classes, your membership will continue and you will have access to such alternative offerings. You may choose to cancel your membership during these circumstances, subject to our standard cancellation policy. No refunds will be issued for closures or substitutions under these circumstances.

Force Majeure. RTR Pilates will not be liable for any failure or delay regarding the Membership if such failure or delay is: beyond the reasonable control of RTR Pilates, could not have been reasonably foreseen or provided against, or due to events such as a pandemic, natural disaster, or other Act of God. In such an event, you will not be entitled to any refunds or recovery.

COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in any of the Membership activities, you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to partake in the Membership activities, please consult with your doctor, and we urge you not to visit our studios or facilities. You further agree to follow the current guidelines and comply with studio policies around COVID-19, including the use of masks or other protective gear, social distancing and hygiene practices. We are all in this together and need to remember to act responsibly and with kindness towards each other in order to ensure everyone’s safety.

Indemnity. You hereby fully indemnify Potomac Pilates, Inc. and any of its members, directors, officers, employees, contractors, volunteers, agents, executors, administrators, successors, family members and assigns (the “Released Parties”) from any liability and damages arising from death, personal injuries or loss/damage to personal property. This includes the contraction of COVID-19 or other communicable diseases or related to premises liability, however caused, including as a result of the Released Parties’ negligence.

Arbitration. Any controversy or claim arising out of or relating to this Agreement or the breach of this agreement shall be settled exclusively by arbitration. You also agree that should arbitration take place, it will be exclusive to the courts of the State of Maryland or such other arbitrator mutually agreed upon by the parties. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The costs of the arbitration shall be borne by the losing party. The arbitration award shall be final and binding upon the parties, and the parties hereby waive any rights to appeal or challenge the award, to the extent permitted by applicable law. This arbitration clause shall survive the termination or expiration of this contract.

Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Maryland. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of Maryland.

Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect.

Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements.

Waiver of Breach. The waiver by RTR Pilates of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you.

Counterparts. This Agreement may be signed by any number of counterparts, each of which is an original, and all of which taken together constitute one single document.

Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree” (or something similar), the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.

I consent to ALL EMERGENCY MEDICAL TREATMENT as may be deemed appropriate under existing circumstances by medical personnel. I HAVE CAREFULLY READ THIS WAIVER AND RELEASE OF LIABILITY, AND FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL. I AM AWARE THAT THIS IS AN AGREEMENT AND RELEASE FROM LIABILITY, AND THAT IT IS A BINDING CONTRACT ON ME, MY SPOUSE, CHILDREN, REPRESENTATIVES, HEIRS, SUCCESSORS AND ASSIGNS.